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OEA/Ser.G CP/doc. 3354/00 31 August 2000 Original: Spanish/English REPORT OF THE ELECTORAL OBSERVATION MISSION ON THE PRESIDENTIAL ELECTIONS IN THE DOMINICAN REPUBLIC This document is being distributed to the permanent missions and will be presented to the Permanent Council of the Organization. ORGANIZATION OF AMERICAN STATES WASHINGTON, D.C. THE SECRETARY GENERAL SG/UPD-931/00 August 31, 2000 Excellency: I have the honor to address Your Excellency and to present to the Permanent Council the report of the OAS Electoral Observation Mission in the Dominican Republic on the general elections held in May 2000. Accept, Excellency, the renewed assurances of my highest consideration. César Gaviria His Excellency Ambassador Valter Pecly Moreira Permanent Representative of Brazil Chair of the Permanent Council of the Organization of American States Washington, D.C. ORGANIZATION OF AMERICAN STATES REPORT ELECTORAL OBSERVATION MISSION TO THE DOMINICAN REPUBLIC 2000 Unit for the Promotion of Democracy Subject to Revision and not for Release to General Public Pending Consideration by Permanent Council INDEX I. Introduction ......................................................................................... 1 1. Request for an Electoral Observation Mission ...............................1 2. Legal Context ...............................................................................1 2.1.Constitutional Provisions 2 2.2................................................................................ Electoral Act 2 2.3...........................................................Regulations and Resolutions 5 3. Political Context...........................................................................6 3.1................................................................................. Background 6 3.2.................................................................................. Candidates 6 3.3...................................................................................... Surveys 8 4. Structure and Physical Distribution of the Mission........................9 II. Electoral Observation...........................................................................11 1. Pre-Election Phase .....................................................................11 1.1......................................................Voter Registration Card Process 11 1.2....................................................................Pre-enrollment Phase 12 1.3......................................................................... Electoral Register 14 1.4..........................................................................Election Logistics 16 1.5........................................................................ Election Campaign 18 2. Election Day ...............................................................................20 2.1.................................................................................. Installation 20 2.2.................................................................................. Enrollment 20 2.3.........................................................................................Voting 21 2.4.................................................................................. Vote Count 21 2.5...........................................................................................Tally 21 Subject to Revision and not for Release to General Public Pending Consideration by Permanent Council 2 2.6............................................................ Rapid Count by the Mission 22 2.7............................................................................Election Results 23 2.8..................................................Press Release by the Mission Chief 24 2.9.................................................................................. Complaints 25 III. Conclusions and Recommendations......................................................26 ...................................................................................................................... 1. ........................................................................................................ Conclusions ......................................................................................................................26 2. Recommendations......................................................................27 IV. Financial Report...................................................................................29 Subject to Revision and not for Release to General Public Pending Consideration by Permanent Council I. INTRODUCTION 1. Request for an Electoral Observation Mission The Organization of American States (OAS) has been conducting electoral observation missions (EOM) in the Dominican Republic since 19661/. The most recent, and the subject of this report, was requested by the President of the Republic, Leonel Fernández, and by the President of the Central Electoral Board (JCE), Manuel Ramón Morel Cerda. In their notes to the Secretary General, César Gaviria Trujillo, they conveyed the invitation to the OAS, by the Government and the electoral authority, to monitor the latest regular presidential election, called for May 16, 2000.2/ The Secretary General responded to both requests by stating that, although in principle the OAS was willing to send such a mission, its establishment, under the applicable provisions, was contingent upon external financing.3/ To that end, proposals were submitted to various missions of OAS member states and permanent observer countries. The Government of the United States responded positively.4/ Authorities in the Dominican Republic were informed that the necessary steps would be taken to organize the observation mission, and that the Secretary General had appointed Mr. Santiago Murray, Coordinator of the UPD’s Electoral Technical Assistance area, to head the mission. On March 21, 2000, the Agreement on Privileges and Immunities necessary for the accomplishment of the Mission’s tasks and purposes was signed by Ambassador Flavio Darío Espinal, Permanent Representative of the Dominican Republic to the OAS, and the Secretary General. For reasons explained in notes provided in Appendix 4, the Central Electoral Board (JCE) did not sign the Procedural Agreement with the General Secretariat. The Mission therefore adjusted its procedures to the provisions of the Regulations Governing Electoral Observations, adopted by the JCE at its meeting of January 18, 2000.5/ 1 The EOM observed the elections of 1966, 1978, 1990, 1994, 1996, 1998, and 2000. 2 The notes are attached in Appendix 1 3 The notes are attached in Appendix 2. 4 Nonetheless, because the assistance offered would not cover all programmed expenses, the funding request was redrafted and sent anew to some governments. Although no additional funding was secured, the resources proved sufficient because a second round of elections was not held. The corresponding financial report is commented upon in Appendix 3. 5 The Regulations are attached as Appendix 5. Subject to Revision and not for Release to General Public Pending Consideration by Permanent Council 2. Legal Context The Dominican Republic’s electoral system is governed by provisions of constitutional rank, provisions of the Election Act, regulatory principles, and decisions or findings of the Central Electoral Board. 2.1. Constitutional Provisions 6/ Under the provisions of Article 4 of the National Constitution, “the Government of the Dominican Republic shall be civilian, republican, democratic, and representative,” and its three branches–Legislature, Executive, and Judiciary–are functionally autonomous. The Constitution provides that electoral processes are to be directed by the Central Electoral Board and its subordinate boards.7/ In its section on political rights, the Constitution stipulates that voting is mandatory, personal, free, and secret, and that all Dominicans 18 years of age or older, and minors who are or have been married, have the right to vote. However, neither members of the armed forces or police force, those who have lost their rights of citizenship, or whose such rights are suspended, may vote8. Since elections are conducted through a closed polling system, voters must go to their precincts, identify themselves, and be enrolled on a list of voters present, which, at a specified time, is closed so that polling may begin.9/ The Constitution provides that the Executive is headed by the President of the Republic, who is elected by direct vote every four years and may not be reelected for the subsequent term of office.10/ It also provides that when none of the candidates for president or vice president receives a majority of the valid votes cast, a runoff election shall be called within the next 45 days. Only those two candidates who have received the largest number of votes in the first round may participate in the second.11/ 2.2. Electoral Act 12/ Listed below are the principal regulations applicable to presidential elections: • Central Electoral Board (JCE): Establishes the board as a legal entity with budgetary autonomy, composed of a president and four members elected by the Senate to serve a four-year term.13/ 6 The political crisis of 1994 led to the signing of the “Pact for Democracy,” which provided for constitutional reform. Among the most important amendments relating to the Executive, immediate reelection was prohibited, and the runoff election was instituted for cases in which no candidate obtains more than 50% of the valid votes cast.

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